McMullan v. HRH Construction, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Paviola A. Soto, J.), entered June 9, 2006, which granted plaintiffs’ motion for a preliminary injunction enjoining defendants from entering onto the subject premises and bringing onto or leaving thereon equipment, materials or debris, and fixed plaintiffs’ undertaking in the amount of $100,000, unanimously affirmed, with costs.
The facts found by Supreme Court, which have support in the record and are based in part on admissions by defendants, show that plaintiffs are likely to succeed on their causes of action for trespass and private nuisance (see…
2Cases cited3 opinions
- Mindel v. Phoenix Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Gellman v. Seawane Golf & Country Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- B & R Luncheonette Inc. v. Fairmont Theatre Corp.Appellate Division of the Supreme Court of the State of New York · 1951